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<P STYLE="margin-bottom: 0in">GrinnellPlans Terms of Service</P>
<P STYLE="margin-bottom: 0in">Last created Feb 11, 2007 (version 3)</P>
<P STYLE="margin-bottom: 0in">Last updated June 1, 2007 (Version 3.1)</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Welcome to GrinnellPlans. In order to
protect ourselves from legal liability and secure your rights, this
document is intended to outline our obligations to one another.
Therefore, in order to use GrinnellPlans (“GP”), you must read
and agree to these Terms of Service and the following terms,
conditions, and policies, including any future amendments.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Although GP may attempt to notify you
when major changes are made to these Terms of Service, you should
periodically review the most up-to-date version
(http://www.grinnellplans.com/tos). GP may, in our sole discretion,
modify or revise these Terms of Service and policies at any time, and
you agree to be bound by such modifications or revisions. If you do
not accept and abide by this Agreement, you may not use
GrinnellPlans. Nothing in this Agreement shall be deemed to confer
any third-party rights or benefits.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">1. Description of Service.
GrinnellPlans is a web publishing service. You will be responsible
for all activities occurring under your username and for keeping your
password secure. You understand and agree that the Service is
provided to you on an AS IS and AS AVAILABLE basis. GP disclaims all
responsibility and liability for the availability, timeliness,
security or reliability of the Service or any other client software.
GP also reserves the right to modify, suspend or discontinue the
Service with or without notice at any time and without any liability
to you.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">You must be at least sixteen (16) years
of age to use the Service. GP reserves the right to refuse service to
anyone at any time without notice for any reason.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">2. Proper Use. You agree that you are
responsible for your own use of the Service, for any posts you make,
and for any consequences thereof. You agree that you will use the
Service in compliance with all applicable local, state, national, and
international laws, rules and regulations, including any laws
regarding the transmission of technical data exported from your
country of residence and all United States export control laws.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Violation of any of the foregoing may
result in immediate termination of this Agreement, and may subject
you to state and federal penalties and other legal consequences. GP
reserves the right, but shall have no obligation, to investigate your
use of the Service in order to (a) determine whether a violation of
the Agreement has occurred or (b) comply with any applicable law,
regulation, legal process or governmental request.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Much of the content on
GrinnellPlans.com -- including the contents of specific postings --
is provided by and is the responsibility of the person or people who
made such postings. GP does NOT monitor the content on
GrinnellPlans.com and takes no responsibility for such content.
Instead, GP merely PROVIDES ACCESS to such content as a service to
you.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Subsequently, GrinnellPlans.com may
carry offensive, harmful, inaccurate or otherwise inappropriate
material, or in some cases, postings that have been mislabeled or are
otherwise deceptive. We expect that you will use caution and common
sense and exercise proper judgment when using GrinnellPlans.com.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">GP does not endorse, support, represent
or guarantee the truthfulness, accuracy, or reliability of any
communications posted via the service or endorse any opinions
expressed via this service. You acknowledge that any reliance on
material posted via the Service will be at your own risk.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">3. Privacy. You agree that
GrinnellPlans may access or disclose your personal information,
including the content of your communications, if GrinnellPlans is
required to do so in order to comply with any valid legal process or
governmental request (such as a search warrant, subpoena, statute, or
court order), or as otherwise provided in these Terms of Service.
Personal information collected by GP may be stored and processed in
the United States or any other country in which GrinnellPlans or its
agents maintain facilities. By using the Service, you consent to any
such transfer of information outside of your country.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">4. General Practices Regarding Use and
Storage. You agree that GrinnellPlans IS NOT RESPONSIBLE OR LIABLE
for the deletion of, or the failure to store or to transmit, any
Content and other communications maintained by the Service. GP
retains the right to create limits on use and storage at our sole
discretion at any time with or without notice.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">5. Content of the Service.
GrinnellPlans takes NO RESPONSIBILITY FOR THIRD-PARTY CONTENT
(including, without limitation, any viruses or other disabling
features), nor does GrinnellPlans have any obligation to monitor such
third-party content. GrinnellPlans reserves the right at all times to
remove or refuse to distribute any content on the Service, such as
content which violates the terms of this Agreement. GrinnellPlans
also reserves the right to access, read, preserve, and disclose any
information as it reasonably believes is necessary to (a) satisfy any
applicable law, regulation, legal process or governmental request,
(b) enforce this Agreement, including investigation of potential
violations hereof, (c) detect, prevent, or otherwise address fraud,
security or technical issues, (d) respond to user support requests,
or (e) protect the rights, property or safety of GrinnellPlans, its
users and the public. GrinnellPlans will not be responsible or liable
for the exercise or non-exercise of its rights under this Agreement.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">6. Intellectual Property Rights.
GrinnellPlans's Intellectual Property Rights. You acknowledge that
GrinnellPlans owns all right, title and interest in and to the
Service, including all intellectual property rights. GrinnellPlans'
Rights are protected by U.S. and international intellectual property
laws. Accordingly, you agree that you will not copy, reproduce,
alter, modify, or create derivative works from the Service. You also
agree that you will not use any robot, spider, other automated
device, or manual process to monitor or copy any content from the
Service. As described immediately below, GrinnellPlans' Rights do NOT
include third-party content used as part of the Service, including
the content of communications appearing on the Service.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Your Intellectual Property Rights.
GrinnellPlans claims no ownership or control over any Content
submitted, posted or displayed by you on or through GrinnellPlans
services. You or a third party licensor, as appropriate, retain all
patent, trademark and copyright to any Content you submit, post or
display on or through GrinnellPlans services and you are responsible
for protecting those rights, as appropriate. By submitting, posting
or displaying Content on or through GrinnellPlans services which are
intended to be available to the members of the public, you grant
GrinnellPlans a worldwide, non-exclusive, royalty-free license to
reproduce, publish and distribute such Content on GrinnellPlans'
services for the purpose of displaying and distributing GrinnellPlans
services. GP furthermore reserves the right to refuse to accept,
post, display or transmit any Content in its sole discretion.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">You represent and warrant that you have
all the rights, power and authority necessary to grant the rights
granted herein to any Content submitted.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">You may choose to submit, post, and
display any materials on or through GrinnellPlans under a public
license (e.g. a Creative Commons license), whether by manually
marking your materials as such. For avoidance of doubt, GrinnellPlans
is not a party to any such public license between you and any third
party. Also, for avoidance of doubt, GrinnellPlans may choose to
exercise the rights granted under (a) the public license or licenses,
if any, you apply to your materials or (b) this Agreement.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">7. No Resale of the Service. Unless
expressly authorized in writing by GrinnellPlans, you agree not to
reproduce, duplicate, copy, sell, trade, resell or exploit for any
commercial purposes (a) any portion of the Service, (b) use of the
Service, or (c) access to the Service.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">8. Publicity. Any use of
GrinnellPlans's trade names, trademarks, service marks, logos, domain
names, and other distinctive brand features (&quot;Brand Features&quot;)
must be in compliance with this Agreement.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">9. Representations and Warranties. You
represent and warrant that (a) all of the information provided by you
to GrinnellPlans to participate in the Service is correct and
current; and (b) you have all necessary right, power and authority to
enter into this Agreement and to perform the acts required of you
hereunder.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">10. Termination; Suspension.
GrinnellPlans may, IN ITS SOLE DISCRETION, AT ANY TIME AND FOR ANY
REASON, terminate the Service, terminate this Agreement, or suspend
or terminate your account. In the event of termination, your account
will be disabled and you may not be granted access to your account or
any files or other content contained in your account although
residual copies of information may remain in our system for some time
for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the
Agreement, along with applicable provisions of the general Terms of
Service (including the section regarding limitation of liability),
shall survive expiration or termination.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">11. Indemnification. You agree to hold
harmless and indemnify GrinnellPlans, and its subsidiaries,
affiliates, officers, agents, and employees from and against any
third-party claim arising from or in any way related to your use of
the Service, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind and nature. In
such a case, GrinnellPlans will provide you with written notice of
such claim, suit or action.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">12. Entire Agreement. This Agreement
constitutes the entire agreement between you and GrinnellPlans and
governs your use of the Service, superseding any prior agreements
between you and GrinnellPlans. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain
other GrinnellPlans services, affiliate services, third-party content
or third-party software.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">13. Waiver and Severability of Terms.
The failure of GrinnellPlans to exercise or enforce any right or
provision of the Terms of Service shall not constitute a waiver of
such right or provision. If any provision of the Terms of Service is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the Terms of Service remain in full force and effect.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">14. Statute of Limitations. You agree
that regardless of any statute or law to the contrary, any claim or
cause of action arising of or related to use of GrinnellPlans
services or the Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">15. Choice of Law; Jurisdiction; Forum.
These Terms of Service will be governed by and construed in
accordance with the laws of the State of Hawai`i, without giving
effect to its conflict of laws provisions or your actual state or
country of residence. Any claims, legal proceeding or litigation
arising in connection with the Service will be brought solely in the
City and County of Honolulu, Hawai`i, and you consent to the
jurisdiction of such courts.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">16. Copyright Information. It is our
policy to respond to notices of alleged infringement that comply with
the Digital Millennium Copyright Act. If you believe that your
copyright has been infringed on the Service, consult Appendix A:
Digital Millennium Copyright Act.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">++++ -- 
</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Appendix A: Digital Millennium
Copyright Act.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">It is our policy to respond to clear
notices of alleged copyright infringement. This page describes the
information that should be present in these notices. It is designed
to make submitting notices of alleged infringement to GrinnellPlans
as straightforward as possible while reducing the number of notices
that we receive that are fraudulent or difficult to understand or
verify. The form of notice specified below is consistent with the
form suggested by the United States Digital Millennium Copyright Act
(the text of which can be found at the U.S. Copyright Office Web
Site, http://www.copyright.gov) but we will respond to notices of
this form from other jurisdictions as well.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Regardless of whether we may be liable
for such infringement under local country law or United States law,
our response to these notices may include removing or disabling
access to material claimed to be the subject of infringing activity
and/or terminating subscribers. If we remove or disable access in
response to such a notice, we will make a good-faith attempt to
contact the owner or administrator of the affected site or content so
that they may make a counter notification. We may also document
notices of alleged infringement on which we act. As with all legal
notices, a copy of the notice may be sent to one or more third
parties who may make it available to the public.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Infringement Notification:</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">To file a notice of infringement with
us, you must provide a written communication (by regular mail -- not
by email, except by prior agreement) that sets forth the items
specified below. Please note that you will be liable for damages
(including costs and attorneys' fees) if you materially misrepresent
that a product or activity is infringing your copyrights. Indeed, in
a recent case (please see
http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more
information), a company that sent an infringement notification
seeking removal of online materials that were protected by the fair
use doctrine was ordered to pay such costs and attorneys fees. The
company agreed to pay over $100,000. If you are uncertain whether
material available online infringes your copyright, consult your
attorney. 
</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">To expedite our ability to process your
request, please use the following format (including section numbers):</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">1.Identify in sufficient detail the
copyrighted work that you believe has been infringed upon. This post
must include identification of the specific posts, as opposed to
entire sites. Posts must be referenced by the permalink of the post.
For example, “The copyrighted work at issue is the text that
appears on http://johndoe.com/test/2006_01_01.html#2106.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">2. Identify the material that you claim
is infringing the copyrighted work listed in item #1 above.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">YOU MUST IDENTIFY EACH POST BY
PERMALINK OR DATE THAT ALLEGEDLY CONTAINS THE INFRINGING MATERIAL.
The permalink for a post is usually found by clicking on the
timestamp of the post. For example, “The blog where my copyrighted
work is published on is
http://copyright.grinnellplans.com/archives/2006_01_02_example.html.”</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">3. Provide information reasonably
sufficient to permit GrinnellPlans to contact you (email address is
preferred).</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">4. Include the following statement: &quot;I
have a good faith belief that use of the copyrighted material
described above on the allegedly infringing web pages is not
authorized by the copyright owner, its agent, or the law.&quot;.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">5. Include the following statement: &quot;I
swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.&quot;</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">6. Sign the paper.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<!--
<P STYLE="margin-bottom: 0in">7. Send the written communication to
the following address:</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">    Sechyi Laiu</P>
<P STYLE="margin-bottom: 0in">    Pidginlaw.com</P>
<P STYLE="margin-bottom: 0in">    Re: GrinnellPlans.com – Legal
DMCA Complaint</P>
<P STYLE="margin-bottom: 0in">    911 Wiliwili St. #7</P>
<P STYLE="margin-bottom: 0in">    Honolulu, HI 96826</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
-->
<P STYLE="margin-bottom: 0in">Please note that a copy of each legal
notice we receive is sent to a third-party partner for publication
and annotation. As such, your letter (with your personal information
removed) will be forwarded to Chilling Effects
(http://www.chillingeffects.org) for publication. You can see an
example of such a publication at
http://www.chillingeffects.org/dmca512/notice.cgi?NoticeID=861. A
link to your published letter may be displayed in GrinnellPlans's
search results in place of the removed content.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Counter Notification</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">The administrator of an affected site
or the provider of affected content may make a counter notification
pursuant to sections 512(g)(2) and (3) of the Digital Millennium
Copyright Act. When we receive a counter notification, we may
reinstate the material in question.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">To file a counter notification with us,
you must provide a written communication (by fax or regular mail --
not by email, except by prior agreement) that sets forth the items
specified below. Please note that you will be liable for damages
(including costs and attorneys' fees) if you materially misrepresent
that a product or activity is not infringing the copyrights of
others. Accordingly, if you are not sure whether certain material
infringes the copyrights of others, consult your attorney. A sample
counter notification may be found at
www.chillingeffects.org/dmca/counter512.pdf.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">To expedite our ability to process your
counter notification, please use the following format (including
section numbers):</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">1. Identify the specific URLs or other
unique identifying information of material that GrinnellPlans has
removed or to which GrinnellPlans has disabled access.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">2. Provide your name, address,
telephone number, email address, and a statement that you consent to
the jurisdiction of Federal District Court for the judicial district
in which your address is located (or the City and County of Honolulu,
Hawaii if your address is outside of the United States), and that you
will accept service of process from the person who provided
notification under subsection (c)(1)(C) or an agent of such person.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">3. Include the following statement: &quot;I
swear, under penalty of perjury, that I have a good faith belief that
each search result, message, or other item of content identified
above was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled, or that
the material identified by the complainant has been removed or
disabled at the URL identified and will no longer be shown.&quot;</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">4. Sign the paper.</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<!--
<P STYLE="margin-bottom: 0in">5. Send the written communication to
the following address:</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">    Sechyi Laiu</P>
<P STYLE="margin-bottom: 0in">    Pidginlaw.com</P>
<P STYLE="margin-bottom: 0in">    Re: GrinnellPlans.com – Legal
DMCA Complaint</P>
<P STYLE="margin-bottom: 0in">    911 Wiliwili St. #7</P>
<P STYLE="margin-bottom: 0in">    Honolulu, HI 96826</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
<P STYLE="margin-bottom: 0in">Account Termination</P>
<P STYLE="margin-bottom: 0in"><BR>
</P>
-->
<P STYLE="margin-bottom: 0in">GrinnellPlans will, in appropriate
circumstances, terminate repeat infringers. If you believe that an
account holder or subscriber is a repeat infringer, please follow the
instructions above to contact GrinnellPlans's DMCA agent and provide
information sufficient for us to verify that the account holder or
subscriber is a repeat infringer.</P>
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